ASEAN – Dialogue Partners
ASEAN – China
1. ASEAN – China Framework Agreement on
Comperhensive Co-Operation (2002)
Guilding Principles Dispute Settlements
ARTICLE 2 Measures For Comprehensive ARTICLE 11 Dispute Settlement Mechanism
Economic Co-operation
1. The Parties shall, within 1 year after the date of
The Parties agree to negotiate expeditiously in entry into force of this Agreement, establish
order to establish an ASEAN-China FTA within appropriate formal dispute settlement procedures
10 years, and to strengthen and enhance economic and mechanism for the purposes of this
co-operation through the following: Agreement.
a. progressive elimination of tariffs and non- 2. Pending the establishment of the formal dispute
tariff barriers in substantially all trade in settlement procedures and mechanism under
goods paragraph 1 above, any disputes concerning the
b. progressive liberalisation of trade in interpretation, implementation or application of
services with substantial sectoral coverage this Agreement shall be settled amicably by
c. establishment of an open and competitive consultations and/or mediation.
investment regime that facilitates and
promotes investment within the ASEAN-
China FTA
d. provision of special and differential
treatment and flexibility to the newer
ASEAN Member State
e. provision of flexibility to the Parties in the
ASEAN-China FTA negotiations to
address their sensitive areas in the goods,
services and investment sectors with such
flexibility to be negotiated and mutually
agreed based on the principle of
reciprocity and mutual benefits
f. establishment of effective trade and
investment facilitation measures,
including, but not limited to simplification
of customs procedures and development of
 mutual recognition arrangements
g. expansion of economic co-operation in
areas as may be mutually agreed between
the Parties that will complement the
deepening of trade and investment links
between the Parties and formulation of
action plans and programmes in order to
implement the agreed sectors/areas of
cooperation
h. establishment of appropriate mechanisms
for the purposes of effective
implementation of this Agreement.
2. ASEAN – China Trade in Goods Agreement (2004) ARTICLE 16 Institutional Arrangements ARTICLE 21 Dispute Settlement

1. Pending the establishment of a permanent body, The Agreement on Dispute Settlement Mechanism
the AEM-MOFCOM, supported and assisted by between ASEAN and China shall apply to this
the SEOM-MOFCOM, shall oversee, supervise, Agreement.
coordinate and review the implementation of this
Agreement.
2. The ASEAN Secretariat shall monitor and
report to the SEOMMOFCOM on the
implementation of this Agreement. All Parties
shall cooperate with the ASEAN Secretariat in the
performance of its duties.
3. Each Party shall designate a contact point to
facilitate communications between the Parties on
any matter covered by this Agreement. On the
request of a Party, the contact point of the
requested Party shall identify the office or official
responsible for the matter and assist in facilitating
communication with the requesting Party. AR
3. ASEAN – China Trade in Services Agreement ARTICLE 30 Dispute Settlement
 (2007)
4. ASEAN – China Invesment Agreement (2009)
5. ASEAN – China Dispute Settlement Mechanism
Agreement (2004)
ASEAN – India
1. ASEAN – India Framework Agreement on
Comperhensive Economic Cooperation (2003)
The Agreement on Dispute Settlement Mechanism
between ASEAN and China shall apply to this
Agreement.
ARTICLE 13 Dispute Between Parties
The provisions of the Agreement on Dispute
Settlement Mechanism of the Framework
Agreement on Comprehensive Economic Co-
operation between the Association of Southeast
Asian Nations and the People’s Republic of China
signed in Vientiane, Lao PDR on the 29th day of
November 2004 shall apply to the settlement of
disputes between or amongst the Parties under this
Agreement.
1. The Parties shall, within 1 year after the date of
entry into force of this Agreement, establish
appropriate formal dispute settlement procedures
and mechanism for the purposes of this
Agreement.
2. Pending the establishment of the formal dispute
settlement procedures and mechanism under
paragraph 1 above, any disputes concerning the
interpretation, implementation or application of
this Agreement shall be settled amicably by
consultations and/or mediation.
ARTICLE 2 Measures For Economic ARTICLE 11 Dispute Settlement Mechanism
Cooperation
1. The Parties shall, within one (1) year after the
The Parties agree to enter into negotiations in date of entry into force of this Agreement,
order to establish an ASEAN-India Regional establish appropriate formal dispute settlement
Trade and Investment Area (RTIA), which procedures and mechanism for the purposes of
 includes a Free Trade Area (FTA) in goods, this Agreement
services and investment, and to strengthen and 2. Pending the establishment of the formal dispute
enhance economic cooperation through the settlement procedures and mechanism under
following: paragraph 1 above, any disputes concerning the
a. Progressive elimination of tariffs and non-tariff interpretation, implementation or application of
barriers in substantially all trade in goods this Agreement shall be settled amicably by
b. Progressive liberalisation of trade in services mutual consultations.
with substantial sectoral coverage
c. Establishment of a liberal and competitive
investment regime that facilitates and promotes
investment within the ASEAN - India RTIA
d. Provision of special and differential treatment
to the New ASEAN Member States
e. Provision of flexibility to the Parties in the
ASEAN-India RTIA negotiations to address
their sensitive areas in the goods, services and
investment sectors with such flexibilities to be
negotiated and mutually agreed based on the
principle of reciprocity and mutual benefits
f. Establishment of effective trade and
investment facilitation measures, including, but
not limited to, simplification of customs
procedures and development of mutual
recognition arrangements
g. Expansion of economic cooperation in areas as
may be mutually agreed between the Parties
that will complement the deepening of trade
and investment links between the Parties and
formulation of action plans and programmes in
order to implement the agreed sectors/areas of
co-operation
h. Establishment of appropriate mechanisms for
 the purposes of effective implementation of
this Agreement.
2. Protocol to Amend the ASEAN – India Framework ARTICLE 5 Dispute Settlement Mechanism
Agreement on Comperhensive Economic
Cooperation (2009) The Parties shall, within one (1) year after the date
of entry into force of this Agreement, establish
appropriate formal dispute settlement procedures
and mechanism for the purposes of this Agreement

3. ASEAN – India Trade in Goods Agreement (2009) ARTICLE 18 Dispute Settlement

Unless otherwise provided in this Agreement, any

dispute concerning the interpretation,
implementation or application of this Agreement
shal be resolve through the procedures and
mechanisms as set out in the ASEAN – India DSM
Agreement
4. ASEAN – India Trade in Services Agreement ARTICLE 23 Relation to Other Agreements ARTICLE 30 Dispute Settlement
(2014)
1. Each Party reaffirms its rights and obligations Unless otherwise provided in this Agreement, any
vis-à-vis another Party under the WTO Agreement dispute concerning the interpretation,
and other agreements to which these Parties are implementation or application of this Agreement
party. shal be resolve through the procedures and
2. Nothing in this Agreement shall be construed to mechanisms as set out in the ASEAN – India DSM
derogate from any right or obligation of a Party Agreement
under the WTO Agreement and other agreements
to which these Parties are party.
3. In the event of any inconsistency between this
Agreement and any other agreement to which two
or more Parties are party, such Parties shall
immediately consult with a view to finding a
mutually satisfactory solution.
 4. Nothing in this Agreement shall prevent any
individual ASEAN Member State from entering
into any agreement with any one or more ASEAN
Member State and/or India.
5. This Agreement shall not apply to any
agreement among ASEAN Member States or to
any agreement between any ASEAN Member
State and India unless otherwise agreed by the
parties to that agreement.
5. ASEAN – India Invesment Agreement (2014) ARTICLE 19 Dispute between Parties

Investment Disputes between a Party and an

Investor Scope
1. This Article shall apply to investment disputes
between a Party and an investor of another Party
concerning an alleged breach of an obligation of the
former Party under Article 3 (National Treatment),
Article 7 (Treatment of Investment), Article 8 (

6. ASEAN – India Dispute Settlement Mechanism ARTICLE 11 Dispute Settlement Mechanism

Agreement (2009)
1. The Parties shall, within one (1) year after the
date of entry into force of this Agreement,
establish appropriate formal dispute settlement
procedures and mechanism for the purposes of
this Agreement
2. Pending the establishment of the formal dispute
settlement procedures and mechanism under
paragraph 1 above, any disputes concerning the
interpretation, implementation or application of
this Agreement shall be settled amicably by

ASEAN – Australia, New Zealand
1. Agreement Establishing the ASEAN-Australia-
New Zealand FTA (2009) 
2. First Protocol to Amend the Agreement
Establishing the AANZFTA (2014)
ASEAN – Canada
Negotiations for an ASEAN-Canada FTA will
be guided by the following principles:
(a) The Agreement will be consistent with the
WTO provisions, including Article XXIV of
GATT 1994 and Article V of GATS;
(b) The Agreement will build on Participating
countries’ commitments in the WTO In
addition to non-discriminationand alignment
with WTO provisions, due process as well as
transparency through periodic reporting to
concerned participating countries, among
mutual consultations.
SECTION B Ivestment Dispute between a Party
and Investor
a) In the event of an investment dispute referred
to in Article 18.1 (Scope and Definitions), the
disputing parties shall as far as possible resolve
the dispute through consultation, with a view
towards reaching an amicable settlement. Such
consultations, which may include the use of
non-binding, third party procedures, shall be
initiated by a written request for consultations
delivered by the disputing investor to the
disputing Party.
b) With the objective of resolving an investment
dispute through consultations, a disputing
investor shall provide the disputing Party, prior
to the commencement of consultations, with
information regarding the legal and factual
basis for the investment dispute.
The DS Chapter of the ASEAN-Canada FTA will
aim to provide an effective, efficient, and
transparent rules and procedures for the various
modes of dispute settlement considered by the
participating countries to address issues and
concerns on the interpretation and implementation
of the FTA. This may include the adoption of a
possible online dispute resolution framework.
 other, will also be considered;
(c) The Agreement will be commercially
meaningful and comprehensive in scope and
negotiations will cover the issues agreed by
participating countries, without prejudice to
whether or how such provisions are ultimately
incorporated into the FTA;
(d) Due consideration will be given to the different
levels of development of individual AMS and
will include provision for special and
differential treatment, additional flexibility for
least-developed AMS;
(e) Recognizing the different levels of
development among AMS, the Participating
countries will promote trade-related technical
assistance and capacity-building to maximize
the ability of Member States to participate
fully in and to obtain full benefit from the
FTA;
(f) The bilateral/plurilateral FTAs between and
among relevant AMS and Canada will
continue to exist and no provision in the
ASEAN- Canada agreement will detract from
the terms and conditions in these
bilateral/plurilateral FTAs between and among
the countries concerned;
(g) Provisions for technical assistance and
capacity building will be made available to
developing and least-developed AMS, where
relevant and appropriate, to enable them to
fully participate in the negotiations,
subsequently implement their obligations

(h) Noting that some AMS and Canada have two
ASEAN – JAPAN
1. Agreement on Comprehensive Economic
Partnership Among Member States of The
Association of Southeast Asian Nations and
Japan
under the FTA and enjoy the benefits accruing
therefrom; and
levels of legislation due to its federal form of
government, the FTA should be clear on the
implementation on both the federal and
provincial levels of these countries.
Chapter 1
General Provisions
Article 2 – Principles
The Parties reaffirm the importance of realising
the AJCEP through both this Agreement and other
bilateral or regional agreements or arrangements,
and are guided by the following principles:
a. The AJCEP shall involve all ASEAN
Member States and Japan include a broad
range of sectors focusing on liberalisation,
facilitation and economic cooperation;
b. The integrity, solidarity and integration of
ASEAN shall be maintained in the
realisation of the AJCEP;
c. Special and differential treatment is
accorded to ASEAN Member States,
especially the newer ASEAN Member
States, in recognition of their different
levels of economic development;
additional flexibility is accorded to the
newer ASEAN Member States;
d. Recognition shall be given to the
Chapter 9
Settlement of Disputes
Article 60 - Scope of Application
a. Unless otherwise provided for in this
Agreement, this Chapter shall apply with
respect to the settlement of all disputes
between the Parties concerning the
interpretation or application of this
Agreement.
b. This Chapter may apply to measures
affecting a Party’s observance of this
Agreement taken by regional or local
governments or authorities within the
Party. […..]
c. Nothing in this Chapter shall prejudice
any rights of the Parties to have recourse
to dispute settlement procedures
available under any other international
agreement to which all of the parties to a
dispute are parties.
d. Notwithstanding paragraph 3, once
dispute settlement proceedings have
been initiated under this Chapter or
 provisions of the ministerial declarations
of the World Trade Organization on
measures in favour of least-developed
countries.
e. Flexibility should also be given to address
the sensitive sectors in each ASEAN
Member States and Japan; and
Technical assistance and capacity building are
important elements of economic cooperation
provided under this Agreement.
2. Framework For Comprehensive Economic 2 9
Partnership Between The Association of Basic Principles
Southeast Asian Nations and Japan (2003)
ASEAN and Japan will adhere to the following
principles:
a. The ASEAN-Japan CEP should involve all
ASEAN Member States and Japan and
include a broad range of sectors focusing
on liberalisation, facilitation and
cooperation activities, noting the principle
of reciprocity, transparency and mutual
benefits to both ASEAN and Japan;
under any othe international agreement
to which all of the parties to a dispute
are parties with respect to a particular
dispute, the forum selected by the
complaining party shall be used to the
exclusion of any other fora for that
particular dispute. However, this shall
not apply if substantially separate and
distinct right or obligations under
different international agreement are in
dispute.
e. For the purposes of paragraphs 3 and 4,
the complaining party shall be deemed
to have selected a forum when it has
requested the establishment of, or
referred a dispute to an arbitral tribunal
or a dispute settlement panel, in
accordance with this Chapter or any
other international agreement to which
the parties to a dispute are parties.
Consultation
Any differences concerning the interpretation or
implementation of this Framework should be settled
amicably by consultations and/or mediation.
 b. The integrity, solidarity and integration of
ASEAN will be given consideration in the
realisation of the ASEAN – Japan CEP;
c. The ASEAN-Japan CEP Agreement
should be consistent with the rules and
disciplines of the WTO Agreement;
d. Special and differential treatment should
be provided to the ASEAN Member States
in recognition of their different levels of
economic development. Additional
flexibility should be accorded to the newer
ASEAN Member States;
e. Flexibility should be given to address the
sensitive sectors in each ASEAN Member
States and Japan; and
f. Techinical co-operation and capacity
building programmes should be
considered.
ASEAN – REPUBLIC OF KOREA Chapter 1 General Provisions Chapter 5 Final Provisions
Article 1.3 Measures for Comprehensive Article 5.1 Dispute Settlement
1. ASEAN – Korea Framework Agreement on Economic Partnership
Comprehensive Economic Cooperation (2005) 1. Any dispute concerning in the interpretation,
The Parties shall establish, consistent with Article implementation or application of this
XXIV of GATT 1994 and Article V of GATS, and Framework Agreement shall be resolved
ASEAN-Korea FTA and strengthen and enchance through the procedures and mechanism as
economic cooperation through the following: set out in the Agreement on Dispute
a. Progresive elimination on tariffs and non- Settlement Mechanism under this
tariff barriers in substantially all trade in Framework Agreement
goods; 2. Notwithstanding paragraph 1, any disputes
b. Progressive liberalisation of trade in arising from paragraph 3 of Article 2.2
services with substantial sectoral coverage; (Trade in Services), paragraph 3 of Article
c. Establishment of an open and competitive 2.3 (Investment), Chapter 3 (Economic
 investment regime that facilitates and Cooperation), and 4 (Other Areas), and the
promotes investment among the Parties; Annex on Economic Cooperation shall not
d. Provision of special and differential be subject to the Agreement on Dispute
treatment to the ASEAN Member Settlement Mechanism under this
Countries and additional flexibility to the Framework Agreement
new ASEAN Member Countries as agreed
in the Joint Declaration on Comprehensive
Cooperation Partnership between ASEAN
and Korea and the core elements attached
thereto;
e. Provision of flexibility to the Parties in the
ASEAN-Korea FTA negotiations to
address their sensitive areas in the goods,
services and investment sectors with such
flexibility to be negotiated and mutually
agreed based on the principle of
reciprocity and mutual benefits;
f. Establishment of effective trade and
investment facilitation measures;
g. Exploration of the ways and means to
expand their economic partnership into
new areas and espansions of economic
cooperation in areas as may be agreed
among the Parties that will complement
the deepening of trade and investment link
among the Parties; and
h. Establishment of appropriate procedures
and mechanism for the purposes of
effective implementation of this
Framework Agreement.

2. ASEAN – Korea Dispute Settlement Article 2

 Mechanism Agreement (2005) Coverage and Application

1. This Agreement shall apply with respect to

the avoidance or settlement of all disputes
arising between the Parties under the
covered agreements. Unless otherwise
provided in this Agreement or any other
covered agreement, this Agreement shall
apply to all disputes between the Parties.
2. The rules and procedures of this Agreement
shall apply subject to special or additional
rules and procedures on dispute settlement,
if any, contained in the other covered
agreements. [….]

3. ASEAN – Korea Trade in Goods Agreement Article 19

(2006) Dispute Settlement

Unless otherwise provided in this Agreement, any

dispute concerning the interpretation,
implementation or application of this Agreement
shall be resolved through the procedures and
mechanism as set out in Agreement on Dispute
Settlement Mechanism under the Framework
Agreement.

4. ASEAN – Korea Trade in Services Agreement Article 29

(2007) Dispute Settlement

Unless otherwise provided in this Agreement, any

dispute concerning the interpretation,
implementation or application of this Agreement
 shall be resolved through the procedures and
mechanism as set out in the Agreement on Dispute
Settlement Mechanism under the Framework
Agreement.

5. ASEAN – Korea Investment Agreement (2009) Article 18

Investment Dispute Settlement between a Party
and an Investor of any other Party

1. This Article shall apply to investment

disputes between a Party and an investor of
any other Party concerning an alleged
breach of Article 3 (National Treatment),
Article 4 (Most-Favoured-Nation
Treatment), Article 5 (General Treatment of
Investment), Article 7 (Senior Management
and Boards of Directors), Article 10
(Transfers), Article 13 (Compensation for
Losses) of this Agreement which causes loss
or damage by reason of, or arising out ofm
that breach to:
a. The investor in relation to its covered
investment; or
b. The covered investment that has been
made by that investor,
relating to the management, conduct,
operation or sale or other disposition of a
covered investment.
2. A natural person possessing the nationality
or citizenship of a Party shall not pursue a
claim against that Party under this
Agreement.
 3. An investment may not make a claim under
this Article.
4. In the event of an investment dispute arising
under this Article, the disputing parties shall
as far as possible resolve the dispute through
consultation and negotiation, a request of
which shall be made in writing, with a view
towards reaching an amicable settlement.
5. Any such dispute which has not been
resolved within a period of six months from
the date of written request for consultations
may be submitted to the courts or
administrative tribunals of the disputing
Party provided that such courts or tribunals
have jurisdictions over such claims or to
arbitration. In the latter event, the investor
has the choice among any of the following:
[….]
ASEAN – HONG KONG Chapter 13
Consultations and Dispute Settlement
1. ASEAN – Hong Kong, China Free Trade SECTION A – Introductory Provisions
Agreement
Article 2
Objective

The Objective of this Chapter is to provide an

effective, efficient and settlement of disputes
arising under this Agreement

Article 3
Scope and Coverage
 1. Unless otherwise provided in this
Agreement, this Chapter shall apply to the
settlement of disputes arising under this
Agreement. This Chapter shall not apply to
the settlement of disputes arising under
chapter 7 (Trade Remedies), Chapter 9
(Economic and Technical Co-operation),
and Chapter 10 (Intellectual Property).
2. This Chapter shall apply subject to such
special and additional provisions on dispute
settlement contained in other Chapters of
this Agreement.
3. Subject to Article 5 (Choice of Forum), this
Chapter is without prejudice to the rights of
a Party to have recourse to dispute
settlement procedures available under other
international agreements to which it is party.
2. ASEAN – Hong Kong Investment Area Article 20
Settlement of Investment Disputes between a
Party and an Investor

This Article shall be agreed by the Parties under

Article 22 (Work Programme)

Article 21
Consultations and Dispute Settlement between
the Parties

Chapter 13 (Consultations and Dispute Settlement)

of the ASEAN – Hong Kong, China Free Trade
Agreement shall apply mutatis mutandis to this
Agreement.